Should Pending Revisions to U.S. Patent Laws Cover Compensation For Employees?
On September 7, 2007 the U.S. House of Representatives approved and passed the Patent Reform Act of 2007 (H.R.1908). H.R. 1908 would amend title 35, United States Code, which established the United States Patent and Trademark Office (the USPTO). The U.S. Senate has its own version of a patent reform bill, S1145, which has similar provisions and some differences. The two versions of the patent reform bills must now be worked out together. An area not covered in either version of the U.S. Patent Reform Acts is compensation to the employee for a patented invention. Piper Patent Attorneys (www.piperpat.com) points out that, “In the U.S., most companies have rules regarding compensation for employee inventions. There is, however, no statutory obligation to do so. The overriding feature regarding compensation for inventions is between the employer and the employee to decide and is generally decided in the Employment Agreement.” Contrast the compensation between the U.S. and Japan where its p
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